(영문) 서울남부지방법원 2018.11.15 2018노436

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2018.11.15 2018노436

폭력행위등처벌에관한법률위반(공동주거침입)등

Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for ten months, for each of six months, for each of six months.

(b).

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is that the sentence of the lower court (in the event of Defendant A: 6 months of imprisonment, 2 years of suspended sentence, 40 hours of order to observe protection and attend lectures, 3 million won of each fine) is too uneasible and unfair.

2. The circumstances favorable to the Defendants are: (a) the Defendants recognized all of the crimes; (b) the victims do not want the punishment of the Defendants; and (c) Defendant A’s judgment and equity should be considered concurrently with the crime for which the judgment has become final and conclusive.

① However, on the ground that the crime of this case was committed by Defendant A’s female-friendly group at around 2 times in front of the new wall, the Defendants were committed the crime of this case despite being tried due to interference with the performance of official duties in the Busan District Court’s Vice Branch branch branch branch branch, and there were past records and criminal records of having been sentenced several times in front of the victim’s house living together, and damaged the early 20 minutes in front of the entrance, and the crime of this case is not very good. The crime of this case was committed. ② The victim seems to feel a large fear due to this case and suffered mental shock. ② The victim was hospitalized in the hospital and received treatment due to depression and a large-scale challenge. ③ The Defendant A committed the crime of this case even after being tried due to interference with the execution of official duties in the Incheon District Court’s branch branch branch branch. ④ Even if all the Defendants were subject to the juvenile protective order and criminal records of this case, the Defendant did not seem to have been subject to a disposition of suspension of indictment after being sentenced to the summary order without considering the circumstances of this case.

3. In conclusion, the prosecutor's appeal is justified.

유사 판례

-대구고등법원 2017.04.13 2017노42 (1)

-인천지방법원 2021.03.19 2020노4115

-대구지방법원 2019.09.27 2019노379

-수원지방법원 안양지원 2014.12.18 2014고단1592

-전주지방법원 2016.04.15 2015노1620